Bullying Prevention

The Darnell School

Bullying Prevention and Intervention Plan

Revised August, 2015

The Darnell School Bullying Prevention and Intervention Plan has been developed in accordance with guidelines provided by the Department of Education and Secondary Education, and to meet the requirements of the Massachusetts anti-bullying Act. Input for this plan was solicited from administrators, teachers, teaching assistants and parents, who were asked to fill out a needs assessment questionnaire to assist in gaining an understanding of the adequacy of the Darnell Schools current programming, to review available data on bullying episodes of bullying, and to identify additional resources that may be needed for this plan. In addition, related school policies and procedures have been reviewed and adjusted as necessary. The plan in draft was distributed for public commentary, and this commentary has been analyzed and considered in the final plan.

The Darnell School is committed to providing a safe, supportive learning environment, which fosters respectful interactions amongst all members of its community. Instances of bullying will not be tolerated. This plan applies to both students and school staff, which include educators, administrators, paraprofessionals and the school nurse.

We recognize that certain students may be more vulnerable to become targets of bullying, harassment, or teasing based on actual or perceived characteristics, including race, color, religion, ancestry, national origin, sex, socioeconomic status, homelessness, academic status, gender identity or expression, physical appearance, or sensory, disability, or by association with a person who has or is perceived to have one or more of these characteristics. The school will identify specific steps it will take to create a safe, supportive environment for vulnerable populations in the school community, and provide all students with the skills, knowledge and strategies to prevent or respond to bullying, harassment or teasing.

Leadership Under the plan the educational administrator is responsible for receiving and investigating reports of bullying behavior, for planning on-going professional development that is required by law, for amending parent/student and staff handbooks and codes of conduct, that make it clear that bullying of students by school staff or other students will not be tolerated, and for reviewing and updating the plan each year. The educational administrator, with assistance from the clinical director and head teachers, is also responsible for collecting and analyzing data on bullying incidents to assess the present problem and to measure improved outcomes, for creating a policy for recording and tracking incident reports, for planning supports that respond to the needs of targets and aggressors, for choosing and implementing the curricula that the school district will use, for developing new or revising current policies and protocols under the plan, including an internet safety policy and for planning family engagement efforts and drafting parent information materials. In addition this leadership team will be responsible for reviewing and updating the plan each yearAt least once every four years, beginning with the 2015/16 school year, the Darnell School will administer a Department of Elementary and Secondary Education developed survey to assess school climate and the prevalence, nature and severity of bullying in the school. Additionally, the school will annually report bullying data to the Department. A similar tool will be used with faculty, staff and parents/guardians to determine school climate needs.

Training and Professional Development Annual professional development training will be provided to all staff, including teachers, administrators, and paraprofessional staff. Staff training will include duties of staff under the plan, an overview of the steps that the educational administrator will follow upon receipt of a report of bullying or retaliation, and an overview of the individual student curricula that currently addresses the prevention of bullying. Information regarding the bullying plan will also be incorporated into the new staff orientation training to assure that new staff are adequately trained.Ongoing professional development is intended to build the skills of staff members to prevent, identify and respond to bullying. The content of such professional development will be informed by research and will include information on:

Information regarding the complex interaction and power differential that can take place between and among an aggressor, target and witnesses to bullying.

Research findings on bullying, including information about specific categories of students who have been shown to be at risk for bullying in the school environment.

Information on the incidence and nature of cyber bullying.

Internet safety issues related to cyber bullying.

Engaging staff and those responsible for the implementation and oversight of the plan to distinguish between acceptable managerial behaviors designed to correct misconduct and bullying behaviors.

Information on categories of students that may be more vulnerable to bullying and strategies for addressing this.

The professional development training will include an emphasis on how to respond to bullying and retaliation of students with disabilities, and the necessity of considering this when developing students’ Individual Education Plans. This will include a specific focus on the needs of students with autism, or students whose disability affects social skills development.

Other additional areas of training based on the needs and concerns identified by the staff and parents may include:

The use of social skills training as a means to reduce the likelihood that a student may be targeted and as a way of teaching skills to respond to potential bullying.

The use of individual behavior support plans to prevent bullying and to teach appropriate behavior.

The School will provide all staff with an annual written notice of the plan, including sections related to staff duties and bullying of students by school staff at the time of the annual in-service. In addition the plan will be included in the policy and procedure manual.

Access to Resources and Services The Educational Administrator will regularly conduct a review of current staffing and programming that assures that a positive school environment is established and that the resources necessary to provide early intervention and intensive services are available. If, during this review, a student need is identified for linkage to an external resource (i.e. a need for services related to specific cultures, different language or targeted counseling) the educational administrator will work with the sending school district and local community resources to provide access.As the Darnell School is an approved Special Education School that provides each student with an individualized education plan, the educational administrator will assure that when the IEP team meets to develop an IEP for a student, that the team considers what should be included in the IEP to develop the student’s skills and proficiencies to avoid and respond to bullying, harassment or teasing. Additionally, the team will consider whether the student has engaged in any behavior that may be considered bullying in nature, and will, as part of the IEP address this. The teaching staff, clinical staff and educational administrator shall collaborate in the development of these plans.

If at any time, the school team determines that a student is exhibiting behavior indicating the need for services beyond what can be provided within the school (i.e. a need for counseling, or psychiatric evaluation) the educational administrator will contact that student’s parents and sending school district to make this recommendation and suggest referral.

Academic and Non-Academic Activities In considering the curriculum that might be used with individual students to teach bullying prevention the school will rely upon current research to inform these decisions. Examples of approaches that may be used include:

Social skills training that includes scripts and role plays

Video modeling to teach reacting to potential situations including bullying by other students or by school staff

The Darnell School’s general teaching approach is also supportive of bullying prevention efforts and includes:

All teaching is based upon the frameworks of applied behavior analysis

Student’s are supported on a 1:1, 1:2 staffing ratio

Antecedent based interventions to avoid problematic behavior

Highly structured expectations and classroom routines

Targeted teaching across non academic and academic areas

Additionally information about the student-related portions of the bullying prevention plan will be incorporated into the student/parent hand book and reviewed at the beginning of each school year.

Policies and Procedures for Reporting and Responding to Bullying and Retaliation

Reporting bullying or retaliation Reports of bullying or retaliation may be made by staff, students, parents or guardians, or others, and may be oral or written. Reports should be made to the educational administrator, except when a reported bullying incident involves the educational administrator. In such cases the incident should be reported to the senior vice president of children’s services who will be responsible for investigating the report and other steps necessary for implementing the plan, including assuring the safety of the alleged victim and the reporter. In the event the senior vice president is the alleged aggressor, the board of directors, or its designee shall be responsible for investigating the report, and other steps necessary to implement the plan, including addressing the safety of the alleged victim. Oral reports made by or to a staff member shall be recorded in writing. A school staff member is required to report immediately to the educational administrator or designee any instance of bullying or retaliation the staff member becomes aware of or witnesses. Reports made by students, parents or guardians, or other individuals who are not school or district staff members, may be made anonymously. Reporting resources include an incident report form that is available in the school office, as well as a phone call or email to the educational administrator. The school or district will make a variety of reporting resources available to the school community including, but not limited to, an Incident Reporting Form, a voicemail box, a dedicated mailing address, and an email address.Use of an Incident Reporting Form1 is not required as a condition of making a report. The school or district will: 1) include a copy of the Incident Reporting Form in the beginning of the year packets for students and parents or guardians; 2) make it available in the school’s main office, and the school nurse’s office, and other locations determined by the educational administrator or designee; and 3) post it on the school’s website. The Incident Reporting Form will be made available in the most prevalent language(s) of origin of students and parents or guardians.

At the beginning of each school year, the school or district will provide the school community, including but not limited to educators, administrators, clinicians, school nurse staff, students, and parents or guardians, with written notice of its policies for reporting acts of bullying and retaliation. A description of the reporting procedures and resources, including the name and contact information of the educational administrator or designee, has been incorporated in student and staff handbooks, on the school or district website, and in information about the Plan that is made available to parents or guardians.

Reporting by Staff A staff member will report immediately to the educational administrator or designee when he/she witnesses or becomes aware of conduct that may be bullying or retaliation. In the event that the educational administrator is the alleged aggressor, the report should be made to the senior vice president of children’s services. In the event that the senior vice president is the alleged aggressor, the report should be made to the board of directors or its designee. The requirement to report to the educational administrator or designee as provided does not limit the authority of the staff member to respond to behavioral or disciplinary incidents consistent with school or district policies and procedures for behavior management and discipline.

Reporting by Students, Parents or Guardians, and Others The school or district expects students, parents or guardians, and others who witness or become aware of an instance of bullying or retaliation involving a student to report it to the educational administrator or designee. In the event that the educational administrator is the alleged aggressor, the report should be made to the senior vice president of children’s services. In the event that the senior vice president is the alleged aggressor, the report should be made to the board of directors or its designee. Reports may be made anonymously, but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report. Students, parents or guardians, and others may request assistance from a staff member to complete a written report. Students will be provided practical, safe, private and age-appropriate ways to report and discuss an incident of bullying with a staff member, or with the educational administrator or designee, or superintendent when the educational administrator is the alleged aggressor.

Responding to a report of bullying or retaliation. -Allegations of bullying by a student

Safety. Before fully investigating the allegations of bullying or retaliation, the educational administrator or designee will take steps to assess the need to restore a sense of safety to the alleged target and/or to protect the alleged target from possible further incidents. This may include modification of the student’s daily schedule, reassignment of staffing, or re arrangement of the classroom environment. The educational administrator or designee will take additional steps to promote safety during the course of and after the investigation, as necessary.The educational administrator or designee will implement appropriate strategies for protecting from bullying or retaliation a student who has reported bullying or retaliation, a student who has witnessed bullying or retaliation, a student who provides information during an investigation, or a student who has reliable information about a reported act of bullying or retaliation. This may include modification of the daily schedule, re-arrangement of the classroom environment, and/or additional monitoring.

Obligations to Notify Others.

Notice to parents or guardians. Notice to parents or guardians. Upon determining that bullying or retaliation has occurred, the educational administrator or designee will promptly notify the parents or guardians of the target and the student aggressor of this, and of the procedures for responding to it. There may be circumstances in which the educational administrator or designee contacts parents or guardians prior to any investigation. Notice will be consistent with state regulations at 603 CMR 49.00.

Notice to Another School or District. If the reported incident involves students from more than one school district, charter school, non-public school, approved private special education day or residential school, or collaborative school, the educational administrator or designee first informed of the incident will promptly notify by telephone the educational administrator or designee of the other school(s) of the incident so that each school may take appropriate action. All communications will be in accordance with state and federal privacy laws and regulations, and 603 CMR 49.00.

Notice to Law Enforcement. At any point after receiving a report of bullying or retaliation, including after an investigation, if the educational administrator or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor, the educational administrator will notify the local law enforcement agency. Notice will be consistent with the requirements of 603 CMR 49.00 and locally established agreements with the local law enforcement agency. Also, if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school, the educational administrator or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the student aggressor.In making this determination, the educational administrator will, consistent with the Plan and with applicable school or district policies and procedures, consult with the school resource officer, if any, and other individuals the educational administrator or designee deems appropriate.

Investigation. The educational administrator or designee will investigate promptly all reports of bullying or retaliation and, in doing so, will consider all available information known, including the nature of the allegation(s) and the ages of the students involved.During the investigation the educational administrator or designee will, among other things, interview students, staff, witnesses, parents or guardians, and others as necessary. The educational administrator or designee (or whoever is conducting the investigation) will remind the alleged student aggressor, target, and witnesses of the importance of the investigation, their obligation to be truthful and that retaliation against someone who reports bullying or provides information during a bullying investigation is strictly prohibited and will result in disciplinary action.

Interviews may be conducted by the educational administrator or designee, other staff members as determined by the educational administrator or designee, and in consultation with the school counselor, as appropriate. To the extent practicable, and given his/her obligation to investigate and address the matter, the educational administrator or designee will maintain confidentiality during the investigative process. The educational administrator or designee will maintain a written record of the investigation.

Procedures for investigating reports of bullying and retaliation will be consistent with school or district policies and procedures for investigations. If necessary, the educational administrator or designee will consult with legal counsel about the investigation.

Determinations. The educational administrator or designee will make a determination based upon all of the facts and circumstances. If, after investigation, bullying or retaliation is substantiated, the educational administrator or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities. The educational administrator or designee will: 1) determine what remedial action is required, if any, and 2) determine what responsive actions and/or disciplinary action is necessary.Depending upon the circumstances, the educational administrator or designee may choose to consult with the students’ teacher(s) and the clinical director, and the target’s or student aggressor’s parents or guardians, to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills development.

The educational administrator or designee will promptly notify the parents or guardians of the target and the aggressor about the results of the investigation and, if bullying or retaliation is found, what action is being taken to prevent further acts of bullying or retaliation. All notice to parents must comply with applicable state and federal privacy laws and regulations. Because of the legal requirements regarding the confidentiality of student records, the educational administrator or designee cannot report specific information to the target’s parent or guardian about the disciplinary action taken unless it involves a “stay away” order or other directive that the target must be aware of in order to report violations.

The principle or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Education’s problem resolution system and the process for accessing that system, regardless of the outcome of the bullying determination.

Responses to Bullying.

Teaching Appropriate Behavior Through Skills-building. Upon the educational administrator or designee determining that bullying or retaliation has occurred, the law requires that the school or district use a range of responses that balance the need for accountability with the need to teach appropriate behavior. M.G.L. c. 71, § 37O(d)(v). Skill-building approaches that the educational administrator or designee may consider include:

offering individualized skill-building sessions based on the school’s/district’s anti-bullying curricula;

providing relevant educational activities for individual students or groups of students, in consultation with guidance counselors and other appropriate school personnel;

implementing a range of academic and nonacademic positive behavioral supports to help students understand pro-social ways to achieve their goals;

meeting with parents and guardians to engage parental support and to reinforce the anti-bullying curricula and social skills building activities at home;

adopting behavioral plans to include a focus on developing specific social skills; and

making a referral for evaluation.

Taking Disciplinary Action. If the educational administrator or designee decides that disciplinary action is appropriate, the disciplinary action will be determined on the basis of facts found by the educational administrator or designee, including the nature of the conduct, the age of the student(s) involved, and the need to balance accountability with the teaching of appropriate behavior. Discipline will be consistent with the Plan and with the school’s or district’s code of conduct.Discipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA), which should be read in cooperation with state laws regarding student discipline.

If the educational administrator or designee determines that a student knowingly made a false allegation of bullying or retaliation, that student may be subject to disciplinary action.

Promoting Safety for the Target and Others. The educational administrator or designee will consider what adjustments, if any, are needed in the school environment to enhance the target’s sense of safety and that of others as well. One strategy that the educational administrator or designee may use is to increase adult supervision at transition times and in locations where bullying is known to have occurred or is likely to occur.Within a reasonable period of time following the determination and the ordering of remedial and/or disciplinary action, the educational administrator or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed. If so, the educational administrator or designee will work with appropriate school staff to implement them immediately.

Responding to a Report of Bullying by School Staff

Safety. Before fully investigating the allegations of bullying or retaliation, the educational administrator or designee will take steps to assess the need to restore a sense of safety to the alleged target as outlined in the safety section under responding to a report of bullying by a student. Additionally, staffing reassignment may be used to minimize or prevent contact between the alleged target and alleged staff aggressor.

Obligation to Notify Others.

Notification to Parent and Staff Aggressor. Upon determining that bullying or retaliation has occurred the educational administrator or designee will notify the parent of the target and the staff aggressor. In the event that the educational administrator is the alleged aggressor, the notification will be made by the senior vice president of children’s services. In the event that the senior vice president is the alleged aggressor, the notification will be made by the board of directors or its designee. There may be circumstances in which the educational administrator or designee contacts the parents and alleged staff aggressor prior to any investigation. All notifications will be made consistent with state regulations at 603 CMR 49.00.

Notification to Another School or District. If the reported incident involves students from more than one school district, charter school, non-public school, approved special education day or residential school, or collaborative school, the educational administrator or designee first informed of the incident will notify the educational administrator or designee of the other school(s) of the incident so that each school may take appropriate action. In the event that the educational administrator is the alleged aggressor, the notification will be made by the senior vice president of children’s services. In the event that the senior vice president is the alleged aggressor, the notification will be made by the board of directors or its designee. All notifications will be made consistent with state regulations at 603 CMR 49.00.

Notice to Law Enforcement. At any point after receiving a report of bullying or retaliation, including after an investigation, if the educational administrator or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor, the educational administrator will notify the local law enforcement agency. In the event that the educational administrator is the alleged aggressor, the notification will be made by the senior vice president of children’s services. In the event that the senior vice president is the alleged aggressor, the notification will be made by the board of directors or its designee Notice will be consistent with the requirements of 603 CMR 49.00 and locally established agreements with the local law enforcement agency.

Investigations. The educational administrator or designee will investigate promptly all reports of bullying or retaliation and, in doing so, will consider all available information known, including the nature of the allegation, the age of the student and the alleged staff aggressor’s role. In the event that the educational administrator is the alleged aggressor, the investigation will be conducted by the senior vice president of children’s services. In the event that the senior vice president is the alleged aggressor, the investigation will be conducted by the board of directors or its designee.During the investigation the educational administrator or designee will, among other things, interview students, staff, witnesses, parents or guardians and others as necessary. The educational administrator or designee (or whoever else is conducting the investigation) will remind the alleged staff aggressor, the target and witnesses of the importance of being truthful and that retaliation against someone who reports bullying or provides information during a bullying investigation is strictly prohibited and will result in disciplinary action.

Interviews may be conducted by the educational administrator or designee, other staff members as determined by the educational administrator or designee and in consultation with the senior vice president of children services and the vice president of human resources as appropriate. To the extent practicable, and given the obligation to investigate, the educational administrator will maintain confidentiality during the investigation process. The educational administrator or designee will maintain a written record of the investigation.

Procedures for investigating reports of bullying and retaliation will be consistent with school policies. If necessary the educational administrator or designee will consult with legal counsel about the investigation.

Determinations. The educational administrator or designee will make a determination based upon all of the facts and circumstances. If, after investigation, bullying or retaliation is substantiated, the educational administrator or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities. The educational administrator or designee will: 1) determine what remedial action is required, if any, and 2) determine what responsive actions and/or disciplinary action is necessary.Depending upon the circumstances, the educational administrator or designee may choose to consult with the students’ teacher(s) and the clinical director, and the target’s parents or guardians, to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills development.

The educational administrator or designee will promptly notify the parents or guardians of the target and the aggressor about the results of the investigation and, if bullying or retaliation is found, what action is being taken to prevent further acts of bullying or retaliation. All notice to parents must comply with applicable state and federal privacy laws and regulations.

Responses to Bullying

In the event that a complaint of bullying is substantiated against a staff person appropriate disciplinary action will be taken in accordance with the school’s policy.

Promoting Safety for the Target and Others. The educational administrator or designee will consider what adjustments, if any, are needed in the school environment to enhance the target’s sense of safety and that of others as well. One strategy that the educational administrator or designee may use is to increase adult supervision at transition times and in locations where bullying is known to have occurred or is likely to occur.Within a reasonable period of time following the determination and the ordering of remedial and/or disciplinary action, the educational administrator or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed. If so, the educational administrator or designee will work with appropriate school staff to implement them immediately.

COLLABORATION WITH FAMILIES

Parent education and resources.The school will offer educational material for parents and guardians that are focused on the parental components of the anti-bullying curricula and any social competency curricula used by the school. The programs will be offered in collaboration with the, Special Education Parent Advisory Council.

Notification requirements.Each year the school or will inform parents or guardians of enrolled students about the anti-bullying curricula that are being used. This notice will include information about the dynamics of bullying, including cyberbullying and online safety. The school or district will send parents written notice each year about the student-related sections of the Plan and the school’s or district’s Internet safety policy. All notices and information made available to parents or guardians will be in hard copy and electronic formats, and will be available in the language(s) most prevalent among parents or guardians. The school or district will post the Plan and related information on its website.

PROHIBITION AGAINST BULLYING AND RETALIATION Acts of bullying, which include cyberbullying, are prohibited:

on school grounds and property immediately adjacent to school grounds, at a school-sponsored or school-¬related activity, function, or program whether on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased, or used by a school district or school; or through the use of technology or an electronic device owned, leased, or used by a school district or school, and

at a location, activity, function, or program that is not school-¬related through the use of technology or an electronic device that is not owned, leased, or used by a school district or school, if the acts create a hostile environment at school for the target or witnesses, infringe on their rights at school, or materially and substantially disrupt the education process or the orderly operation of a school.

Retaliation against a person who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying is also prohibited.

As stated in M.G.L. c. 71, § 37O, nothing in this Plan requires the district or school to staff any non-school related activities, functions, or programs.

Problem Resolution System: Any parent wishing to file a claim/concern or seeking assistance outside of the school may do so with the Department of Elementary and Secondary Education Program Resolution System. (PRS). That information can be found at: http://www.doe.mass.edu/pqa or individuals can call 781-338-3700. Hard copies of this information are also available at the educational administrator’s office.

DEFINITIONS

Aggressor is a student or a member of a school staff who engages in bullying, cyberbullying, or retaliation.

Bullying, as defined in M.G.L. c. 71, § 37O, is the repeated use by one or more students or a member of a school staff of a written, verbal, or electronic expression or a physical act or gesture or any combination thereof, directed at a target that:

causes physical or emotional harm to the target or damage to the target’s property;

places the target in reasonable fear of harm to himself or herself or of damage to his or her property;

creates a hostile environment at school for the target;

infringes on the rights of the target at school; or

materially and substantially disrupts the education process or the orderly operation of a school.

Cyberbullying is bullying through the use of technology or electronic devices such as telephones, cell phones, computers, and the Internet. It includes, but is not limited to, email, instant messages, text messages, and Internet postings. See M.G.L. c. 71, § 37O for the legal definition of cyberbullying.

Hostile environment, as defined in M.G.L. c. 71, § 37O, is a situation in which bullying causes the school environment to be permeated with intimidation, ridicule, or insult that is sufficiently severe or pervasive to alter the conditions of a student’s education.

Retaliation is any form of intimidation, reprisal, or harassment directed against a student who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying.

School Staff includes but is not limited to educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extra curricular activities, support staff or paraprofessionals.

Target is a student against whom bullying, cyberbullying, or retaliation has been perpetrated.

RELATIONSHIP TO OTHER LAWS Consistent with state and federal laws, and the policies of the school or district, no person shall be discriminated against in admission to a public school of any town or in obtaining the advantages, privilege and courses of study of such public school on account of race, color, sex, religion, national origin, or sexual orientation. Nothing in the Plan prevents the school or district from taking action to remediate discrimination or harassment based on a person’s membership in a legally protected category under local, state, or federal law, or school or district policies.In addition, nothing in the Plan is designed or intended to limit the authority of the school or district to take disciplinary action or other action under M.G.L. c. 71, §§ 37H or 37H½, M.G. L.c 71, §§ 41and 42, M.G.L.c. 76 § 5 or other applicable laws, or local school or district policies in response to violent, harmful, or disruptive behavior, regardless of whether the Plan covers the behavior.

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